Execution Proceedings Can't Be Quashed Solely Due To Non-Supply Of Signed Arbitral Award: Chhattisgarh High Court

The Chhattisgarh High Court bench of Justice Rakesh Mohan Pandey has held that non-supply of the signed arbitral award may be a ground for setting aside an award, but on this ground alone, the execution proceedings cannot be quashed. Brief Facts The petitioner purchased a vehicle through a hire purchase agreement with respondent No.1/bank. The petitioner failed to make payment...

Chhattisgarh High Court Takes Suo Moto Cognizance Of Non-Functioning Of State Bar Council Since 2021

On Thursday, the Chhattisgarh High Court registered a suo moto Public Interest Litigation (PIL) over the non-functioning State Bar Council of Chhattisgarh since 2021. In its order, a bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal noted that several crucial activities have come to a halt due to the State Bar Council's non-functioning since 2021. These...

Second Wife Of Husband Can't Be Prosecuted For Bigamy Under Section 494 IPC: Chhattisgarh High Court

The Chhattisgarh High Court has reiterated that a person who is single and marries another whose marriage is substituting cannot be not liable under Section 494 IPC, but it is the person whose marriage is substituting who would be liable. Interpreting the provision of law, the Bench of Justice Arvind Kumar Verma held –“In the present case, it is not the case of the prosecution that...

'Celebrating Birthdays In Middle Of Road Has Become A Fashion': Chhattisgarh HC Takes Suo Moto Cognizance Of Raipur Incident

The Chhattisgarh High Court has taken suo moto cognizance of a news report published in Hindi daily Dainik Bhaskar concerning an incident from Raipur, a video of which has also gone viral on social media. The incident involved a birthday celebration where a car was parked in the middle of the road near Raipura Chowk in Raipur. According to the news report, fireworks were set off after...

Ordinarily Courts Shouldn't Interfere With Invocation Or Encashment Of A Bank Guarantee If It Adheres To Guarantee Terms : Chhattisgarh HC

The Chhattisgarh High Court recently denied relief to Sutlej Textiles, Rajasthan, against South Eastern Coal Field Limited, where the agreement for coal supply was terminated by the latter and the security deposit, along with other deposits, was forfeited. The bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal held that the Court should not interfere with the invocation...

Chhattisgarh HC Orders Criminal Action Against Complainant In Cash-For-Job Case, Warns Public Against Falling Prey To Touts

On Wednesday, the Chhattisgarh High Court directed the Registrar General of the HC to initiate criminal prosecution against the complainant, who admittedly gave money to an accused to secure a job in the High Court for a wrongful purpose. A bench of Chief Justice Ramesh Sinha also noted that despite several warnings issued by the Registrar General, the general public is becoming an...

'Matter Of Shame For All That Female Students, Staff Forced To Urinate In Open': Chhattisgarh HC Takes Suo Moto Note Of Lack Of Toilets In Govt Schools

On Monday, the Chhattisgarh High Court took suo moto cognisance of a newspaper report published in Dainik Bhaskar stating that 150 government schools in the Bilaspur District do not have toilets and more than 200 schools are such where the toilets are not usable. Taking note of this state of affairs, a bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal...

'Unwarranted': Chhattisgarh High Court Allows Candidates Without State Bar Enrolment To Sit For Civil Judge Exam

As an interim respite, the Chhattisgarh High Court has allowed candidates who are not enrolled with any State Bar Council as an 'Advocate' to appear in the Civil Judge (Junior Division) Examination, 2024.The Division Bench of Chief Justice Ramesh Singh and Justice Ravindra Kumar Agrawal prima facie found the condition of Bar enrolment for appearing in the judicial service examination to...

NDPS Act | Quantity Of Both Offending Drug & Neutral Substance Must Be Considered To Determine 'Small Or Commercial' Quantity: Chhattisgarh HC

The Chhattisgarh High Court has observed that while considering the mixture of narcotic drugs or psychotropic substances to determine whether it would constitute a 'small quantity or commercial quantity', not only the quantity of the 'offending drug' but the quantity of 'neutral substance' mixed should also be taken into consideration. A bench of Chief Justice Ramesh Sinha and...

'How Chinese Manjha Available In Market Despite State-Wide Ban?': Chhattisgarh HC Asks Govt Over Minor's Death

The Chhattisgarh High Court on Monday took suo moto cognizance over the unfortunate death of a 7-year-old boy after a chinese manjha got stuck in his neck. Taking a strict view over the availability of Chinese manjha in the state markets despite a state-wide ban, a bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal directed the state secretary to file an affidavit...

Additional Evidence Can Only Be Allowed In Exceptional Circumstances While Deciding Plea U/S 34 Of Arbitration Act: Chhattisgarh HC

The Chhattisgarh High Court bench of Justice Rakesh Mohan Pandey has held that additional evidence not forming part of the arbitral record can be allowed to be given only in exceptional circumstances while hearing a petition under section 34 of the Arbitration Act. Brief Facts: The petitioner challenges an order passed by the commercial court by which an application under section...

Non-Extension Of Contract Based On Allegations Of Absence From Duty, Without Following Due Process Violates Natural Justice: Chhattisgarh HC

In a case pertaining to non-extension of services of a Rojgar Sahayak, the Chattisgarh High Court said that when such decision has civil consequences and is based on allegations of negligence and absence from duty, then it cannot be taken without adhering to principles of natural justice.The Court observed that in the present case respondent authorities–Zila Panchayat, Mungeli, had failed...